Pretrial Diversion Options in South Carolina: A Series - Part 1: Conditional Discharge

In South Carolina, there are a number of pretrial diversionary programs that may be available to you depending on the nature of your charge(s), your prior record (if you have one), and other factors. In this series, we will be discussing the programs separately and providing you with the main information you should know about each.

To begin, we will explain one of the easier options when it comes to disposing of your case before it goes to court - option #1: the conditional discharge. 

A conditional discharge is defined by §44-53-450 as a "deferment of judgement." It is a certain type of disposition that is generally available to individuals charged with first-time drug possession, or a charge for public disorderly conduct (as of an update to the law in 2019 - see section (B)).

It is important to note that a conditional discharge is a one-time option—so use it wisely! For that reason, I always make sure to thoroughly explain the requirements to each client so that we can determine whether a conditional discharge is the best option for them personally and ensure their success in the future.

What to expect: 1. You go to court, enter a guilty plea on the record, and the judge sentences you to a conditional discharge for a period of up to 1 year. (Note: although you do enter a guilty plea in court, you are not actually convicted of anything at this time - that only happens if you later violate the terms of the discharge.) The length of the conditional discharge can either be:

• Negotiated, meaning your attorney and the prosecutor agree to a certain amount of time before the plea and the judge either accepts/rejects the deal; or

• Recommended, in which case the prosecutor makes their suggestions, and the judge can consider it but ultimately makes the final decision.

2. After the plea, you then sign up with probation and schedule an initial meeting to go over the conditions of your conditional discharge period. • For example: random drug tests, monthly phone calls/check-ins, no guns, etc.

3a. If you successfully complete the requirements and do not have any other convictions within the set time period, the charge you “pled” to will be dismissed and you can now have it expunged. • Note: expungement is a separate process that costs $285 (and is non-refundable) - if you don’t apply for it, the charge will still appear on your record as “dismissed” if an employer or rental company runs a background check, for example.

3b. If you do not meet your requirements and/or are convicted of something during this time, your plea will take effect and a conviction for the charge is on your record. Summary:

➤Who is eligible: first time offenders of drug possession (go to this chart to see if your specific charge qualifies), or public disorderly conduct

➤ Costs: • General Sessions Court: $350 + $50 monthly supervision fee

• Summary Court (Magistrate/Municipal): $150 + $50 monthly supervision fee

➤ Length: up to 1 year

➤ Requirements: case-by-case basis - can include community service and/or substance abuse treatment, anger management, etc. depending on the nature of the case

➤ Benefits: if successful, your case will be dismissed and you may apply to have it expunged from your record

➤ Expungement fees: $285 ($250 to solicitor's office + $35 to clerk of court)

If you believe you may qualify for a conditional discharge and/or an expungement, please contact us at (843) 849-4466 or submit an online form here to discuss your case.